(a)

All uses in any zoning district must continually comply with the performance and operational standards of this Part.

(b)

If the city has reasonable doubt that a use is, or can be, conducted within the limits of the above performance standards, it may require that the user or proposed user retain, at his expense, an independent, qualified, testing laboratory or expert to make an analysis of the use to determine its compliance with the standards and make the results of such analysis available to the city. If the site operator does not provide the required analysis within thirty days of the request, the city shall initiate such investigation and bill all expenses thereto the site operator, and the operator shall pay the city for such expenses within ten days after demand. The city may place a lien against the property if the operator refuses to pay such expenses within sixty days on receipt of bill.

(Ord. 1309 § 5(part), 2003)

(Ord. No. 2022-019, § 1, 10-17-2022)

(a)

No use in any zoning district may generate noise that tends to have an annoying or disruptive effect upon (i) uses located outside the immediate space occupied by the use if that use is one of several located on a lot, or (ii) uses located on adjacent lots.

(b)

For the purpose of interpreting Subsection (a), and except as provided in Subsection (d), WAC 173-60, as may be amended, is hereby adopted and incorporated by reference in its entirety.

(c)

Pursuant to WAC 173-60-030(2), the following zones are designated to conform to the EDNAs (see WAC) as provided:

(1)

RULC, RLC, R-Mod, RMC, RHC, and OTR - Class A EDNA.

(2)

NC, OTB, GC, and HC - Class B EDNA.

(3)

BP, AF, LI, and GI - Class C EDNA.

(4)

P/SP - Shall conform to the EDNA that conforms to the zoning designation that predominately surrounds the P/SP parcel.

(d)

The following provisions of WAC 173-60 are amended:

(1)

WAC 173-60-050(2)(b) (certain existing industrial uses) is specifically not adopted.

(2)

Wherever WAC 173-06 speaks to the department of ecology enforcing said regulations, the city may also act to enforce them pursuant to Chapter 20.28 (Enforcement and Review) of this title.

(Ord. 1393 § 10, 2006; Ord. 1309 § 5(part), 2003)

(Ord. No. 2022-019, § 1, 10-17-2022)

(a)

Except as modified by Subsection (b), no use in any zoning district may generate any ground-transmitted vibration that causes property damage or is perceptible to the human sense of touch measured at (i) the outside boundary of the immediate space occupied by the enterprise generating the vibration if the enterprise is one of several located on a lot, or (ii) the lot line if the enterprise generating the vibration is the only enterprise located on a lot.

(b)

No use in a Light Industrial (LI) or General Industrial district (GI) may generate any ground-transmitted vibration in excess of the limits set forth in Subsection (e). Vibration shall be measured at any adjacent lot line or residential district line as indicated in the table set forth in Subsection (e).

(c)

The instrument used to measure vibrations shall be a three-component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.

(d)

The vibration maximums set forth in Subsection (e) are stated in terms of particle velocity, which may be measured directly with suitable instrumentation or computed based on displacement and frequency. When computed, the following formula shall be used:

PV = 6.28 F x D

Where:

PV = Particle velocity, inches-per-second

F = Vibration frequency, cycles-per-second

D = Single amplitude displacement of the vibration, inches.

The maximum velocity shall be the vector sum of the three components recorded.

(e)

Table 20.44-2 is the Table of Maximum Ground-Transmitted Vibration.

(f)

The values stated in Subsection (e) may be multiplied by two for impact vibrations, i.e., discrete vibration pulsations not exceeding one second in duration and having a pause of at least one second between pulses.

(g)

Vibrations resulting from temporary construction activity that occurs between seven a.m. and ten p.m. shall be exempt from the requirements of this section.

Table 20.44-2: Table of Maximum Ground-Transmitted Vibration

(Ord. 1309 § 5(part), 2003)

(Ord. No. 2022-019, § 1, 10-17-2022)

(a)

For purposes of this section, the "odor threshold" is defined as the minimum concentration in air of agas, vapor, or particulate matter that is found to be overwhelming and a nuisance to the olfactory systems of a majority of a panel of five healthy observers.

(b)

No use in any district may generate any odor that:

(1)

Reaches the odor threshold, measured at:

(A)

The outside boundary of the immediate space occupied by the enterprise generating the odor.

(B)

The lot line if the enterprise generating the odor is the only enterprise located on a lot.

(2)

Exceeds any state or federal thresholds.

(Ord. 1309 § 5(part), 2003)

(a)

Any use that emits any "air contaminant" as defined in Regulations 1, 2, or 3 of the Puget Sound Clean Air Agency shall comply with applicable state standards concerning air pollution, as set forth in Regulations 1, 2, or 3 of the Puget Sound Clean Air Agency.

(b)

No zoning, special use, or conditional use permit may be issued with respect to any development covered by Subsection (a) until the Puget Sound Clean Air Agency has certified to the permit-issuing authority that the appropriate state permits have been received by the developer, or that the developer will be eligible to receive such permits and that the development is otherwise in compliance with applicable air pollution laws.

(Ord. 1309 § 5(part), 2003)

(a)

No use in any district may discharge any waste contrary to the provisions of RCW 70.105 (Hazardous Waste Management) or RCW 90.48 (Water Pollution Control).

(b)

No use in any district may discharge into either the city of Arlington's or the city of Marysville's sewage treatment facilities any waste that cannot be adequately treated by biological means or in a manner inconsistent with the requirements and sewer service policies of either jurisdiction.

(Ord. 1309 § 5(part), 2003)

No use shall consume and/or use water supplied by either the city of Arlington or the city of Marysville in a manner inconsistent with the requirements and water service policies of either jurisdiction.

(Ord. 1309 § 5(part), 2003)

(a)

Create any electrical disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance, or

(b)

Otherwise cause, create, or contribute to the interference with electronic signals (including television and radio broadcasting transmissions or aviation equipment) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected.

(Ord. 1309 § 5(part), 2003)

(a)

Except as provided in Subsection (b), lighting shall not be used in such a manner as to produce a glare on public streets or neighboring property. Arc welding, acetylene torch cutting, or similar processes shall be performed so as not to be seen from any point beyond the property boundary.

(b)

Glare resulting from temporary construction activity that occurs between seven a.m. and ten p.m. shall be exempt from the requirements of this section.

(Ord. 1309 § 5(part), 2003)

All exteriors of all buildings and other structures shall be maintained in a clean and well-maintained condition. All outside space, including landscaped and open space areas shall be kept free of litter and debris. All plant material shall be kept free of disease, dead material, and weeds that may constitute a health or fire nuisance.

(Ord. 1309 § 5(part), 2003)